ChrisB4 (West Virginia)
Posts: 175
Posts: 175
Posted:
Simple question, Just want to know what the quorum is in your association (at a special meeting for instance).
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What is your quorum?
Started by ChrisB4 • 10 replies • 1911 views
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PaulM (Pennsylvania)
Posts: 1,347
Posts: 1,347
Posted:
ChrisB4: A quorum is the percentage of Board members (for Board meeting) and residents/members (for member meeting) necessary to hold a meeting at which business will be conducted. Because associations differ in the number of members they have, a quorum will also differ.
Your docs should state the percentage necessary to constitute a quorum--a quorum for Board members and a quorum for association members.
Your docs should state the percentage necessary to constitute a quorum--a quorum for Board members and a quorum for association members.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Ours is 51% for board meeting and 51% for annual meeting or business meeting with residents.
Our quorum for passing amendment changes is also 51%.
It was originally 75%, but prior to turn-over from the developer, the association voted to amend it to 51%.
Our quorum for passing amendment changes is also 51%.
It was originally 75%, but prior to turn-over from the developer, the association voted to amend it to 51%.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Chris,
Our Quorum requirements are For the Board of Directors, a majority of them-- 5 member Board, means 3 members must be present.
Quorum of the members--30% 0f the 197 members or 59 need be present.
JoeW1 (New York)
Posts: 728
Posts: 728
Posted:
ChrisB4 - Our quorum is:
1) 67% of the members in good standing in person or by proxy to amend the declaration.
2) A majority of the board members to hold a board meeting 3 out of 5.
3) 25% of the members in good standing in person or by proxy to constitute quorum (election mtgs., special mtgs. of owners, amendment meetings)
Every assoc. is different but each should have a minimum threshold in order for business to take place.
1) 67% of the members in good standing in person or by proxy to amend the declaration.
2) A majority of the board members to hold a board meeting 3 out of 5.
3) 25% of the members in good standing in person or by proxy to constitute quorum (election mtgs., special mtgs. of owners, amendment meetings)
Every assoc. is different but each should have a minimum threshold in order for business to take place.
DonN (Michigan)
Posts: 357
Posts: 357
Posted:
Good references for setting the quorum requirements for members' meetings are in Robert's Rules of Order Newly Revised (RONR) and in Parliamentary Law by Sturgis. The quorum should be as high as possible and still meet the quorum requirement to conduct meetings.
My recommendation is that the quorum requirement be set to be the greater of a minimum percentage of members entitled to vote and a high fraction (2/3 to 3/4) of the average number of valid ballots in the last three elections. This uses the interest and participation to set the quorum, and automatically adapts to changing interest and participation.
The same philosophy should apply to the amendment of the governing documents, but a minimum might already be required in statutory and/or case law. My reading of the case law is that the predominant requirement appears to be approval by a majority of all owners. So a quorum may not be necessary.
Bylaws appear to be used differently in owners associations, so there may not be a consensus on good practice. RONR and Sturgis recommend approval by 2/3 since bylaw amendments may affect rights. If amendments to bylaws are made at a members' meeting, then the quorum should be the quorum for the members meeting as described above. Unfortunately, even with the 2/3 requirement, amendments could be approved by only a small number of members if a small quorum is required to transact business.
Much thought should be given on how to best deal with the circumstances of your owners association.
My recommendation is that the quorum requirement be set to be the greater of a minimum percentage of members entitled to vote and a high fraction (2/3 to 3/4) of the average number of valid ballots in the last three elections. This uses the interest and participation to set the quorum, and automatically adapts to changing interest and participation.
The same philosophy should apply to the amendment of the governing documents, but a minimum might already be required in statutory and/or case law. My reading of the case law is that the predominant requirement appears to be approval by a majority of all owners. So a quorum may not be necessary.
Bylaws appear to be used differently in owners associations, so there may not be a consensus on good practice. RONR and Sturgis recommend approval by 2/3 since bylaw amendments may affect rights. If amendments to bylaws are made at a members' meeting, then the quorum should be the quorum for the members meeting as described above. Unfortunately, even with the 2/3 requirement, amendments could be approved by only a small number of members if a small quorum is required to transact business.
Much thought should be given on how to best deal with the circumstances of your owners association.
Don Nordeen
Governance of Property Owners Associations
Governance of Property Owners Associations
JoeW1 (New York)
Posts: 728
Posts: 728
Posted:
Quote:
Posted By DonN on 12/11/2007 5:46 PM
Good references for setting the quorum requirements for members' meetings are in Robert's Rules of Order Newly Revised (RONR) and in Parliamentary Law by Sturgis. The quorum should be as high as possible and still meet the quorum requirement to conduct meetings.
My recommendation is that the quorum requirement be set to be the greater of a minimum percentage of members entitled to vote and a high fraction (2/3 to 3/4) of the average number of valid ballots in the last three elections. This uses the interest and participation to set the quorum, and automatically adapts to changing interest and participation.
The same philosophy should apply to the amendment of the governing documents, but a minimum might already be required in statutory and/or case law. My reading of the case law is that the predominant requirement appears to be approval by a majority of all owners. So a quorum may not be necessary.
Bylaws appear to be used differently in owners associations, so there may not be a consensus on good practice. RONR and Sturgis recommend approval by 2/3 since bylaw amendments may affect rights. If amendments to bylaws are made at a members' meeting, then the quorum should be the quorum for the members meeting as described above. Unfortunately, even with the 2/3 requirement, amendments could be approved by only a small number of members if a small quorum is required to transact business.
Much thought should be given on how to best deal with the circumstances of your owners association.
Good references for setting the quorum requirements for members' meetings are in Robert's Rules of Order Newly Revised (RONR) and in Parliamentary Law by Sturgis. The quorum should be as high as possible and still meet the quorum requirement to conduct meetings.
My recommendation is that the quorum requirement be set to be the greater of a minimum percentage of members entitled to vote and a high fraction (2/3 to 3/4) of the average number of valid ballots in the last three elections. This uses the interest and participation to set the quorum, and automatically adapts to changing interest and participation.
The same philosophy should apply to the amendment of the governing documents, but a minimum might already be required in statutory and/or case law. My reading of the case law is that the predominant requirement appears to be approval by a majority of all owners. So a quorum may not be necessary.
Bylaws appear to be used differently in owners associations, so there may not be a consensus on good practice. RONR and Sturgis recommend approval by 2/3 since bylaw amendments may affect rights. If amendments to bylaws are made at a members' meeting, then the quorum should be the quorum for the members meeting as described above. Unfortunately, even with the 2/3 requirement, amendments could be approved by only a small number of members if a small quorum is required to transact business.
Much thought should be given on how to best deal with the circumstances of your owners association.
Don - Quorum requirements should be spelled out in each association's governing documents way before owners take occupancy of any unit. Therefore, taking out any interpretation, guesswork, or judgement based upon parliamentary RRONR that is ultimately irrelevant to an association IF not required by state law or required in association's gov. docs.
If owners are looking to reduce quorum requirements they still need to accomplish that reduction using the pre-existing quorum requirements until the quorum amendment is ratified.
You state "My recommendation is that the quorum requirement be set to be the greater of a minimum percentage of members entitled to vote and a high fraction (2/3 to 3/4) of the average number of valid ballots in the last three elections. This uses the interest and participation to set the quorum, and automatically adapts to changing interest and participation."
This indicates you recommend using past performance to guide future results; a fraction of an average number of ballots from previous elections. As we all know, interest wanes and fluctuates over time.
Perhaps you can provide a mathematical example of what you mean tying in an example of the ballots cast in the last three elections?
If I was to recommend anything (risky since each association is different) it would be that quorum always be a fixed 25% of the membership in good standing and there be a high fraction 2/3 to 3/4 to amend the declaration.
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
We just need a majority of board members for a BOD meeting, we have not quorum requirements for a member meeting.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
For our HOA:
Quorum for any Board meeting is a simple majority of existing Board members.
Quorum for any Association members meeting is 20% of the members in person or by proxy.
To amend the CC&Rs requires singed approval by 67% of all OWNERS OF RECORD.
To amend the By-laws requires approval by 67% of the Members present and voting a a duly called members meeting (a much lower standard than the CC&Rs).
In Colorado Common Interest Ownership Association state statute limits the max. required to amend the CC&Rs to 67%, or less if specified in an Associations CC&Rs.
Quorum for any Board meeting is a simple majority of existing Board members.
Quorum for any Association members meeting is 20% of the members in person or by proxy.
To amend the CC&Rs requires singed approval by 67% of all OWNERS OF RECORD.
To amend the By-laws requires approval by 67% of the Members present and voting a a duly called members meeting (a much lower standard than the CC&Rs).
In Colorado Common Interest Ownership Association state statute limits the max. required to amend the CC&Rs to 67%, or less if specified in an Associations CC&Rs.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Ha!
A quorum of 20% is required by our HOA to "conduct business" at the annual membership meeting, and motions can be passed by majority of those in attendance (This does NOT include bylaw amendments or dues adjustment, but could include many other issues)
Members are able to make motions at the AGM, so out of 250 homes, quorum requires 50 people in attendance, so 26 people could pass a simple motion!
A quorum of 20% is required by our HOA to "conduct business" at the annual membership meeting, and motions can be passed by majority of those in attendance (This does NOT include bylaw amendments or dues adjustment, but could include many other issues)
Members are able to make motions at the AGM, so out of 250 homes, quorum requires 50 people in attendance, so 26 people could pass a simple motion!
BruceD1 (Georgia)
Posts: 59
Posts: 59
Posted:
3/5 board members to hold a board meeting.
10% of the members in good standing in person or by proxy to constitute quorum (election mtgs., special mtgs. of owners, amendment meetings)
10% of the members in good standing in person or by proxy to constitute quorum (election mtgs., special mtgs. of owners, amendment meetings)
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